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U.S. Bank, N.A. v. Stephens

Publication Date: 2017-10-31
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1585

The court exercised its equitable power to permit entry of an order nunc pro tunc confirming the transfer of a mortgage to plaintiff, even though the complaint did not allege the assignment of that interest to plaintiff.
In the Interest of G.B.

Publication Date: 2017-10-31
Practice Area: Attorney Rates and Arrangements | Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1578

In this juvenile proceeding, the court held that trial as an adult for offenses committed as a minor was proper where the individual was not amenable to treatment and had committed similar crimes since reaching the age of majority.
Barth v. Barth

Publication Date: 2017-10-31
Practice Area: Corporate Entities | Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1576

In this divorce proceeding, husbands interest in a limited partnership was not included in the division of property, because the partnership agreement contained a valid provision stating that a partners interest was terminated if that person divorced.
Trotter v. 7R Holdings LLC

Publication Date: 2017-10-31
Practice Area: Admiralty | Civil Appeals | Civil Procedure
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Greenaway
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1616

District court properly dismissed appellants Jones act claims on forum non conveniens grounds where appellant worked on a yacht registered in the British Virgin Islands and was injured in the BVI because an adequate alternative forum existed since appellant had a remedy under BVI law, the Jones act did not contain a special venue provision and the district court did not abuse its discretion in balancing the private and public interest factors. Affirmed.
Office of Disciplinary Counsel v. Pellegrino

Publication Date: 2017-10-31
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1622

Respondent was suspended for six months for the unauthorized practice of law by providing advice concerning Federal securities regulation and compliance to her employer after she registered as voluntarily inactive in 1998.
Struss v. CSX Transportation, Inc.

Publication Date: 2017-10-31
Practice Area: Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1574

Plaintiff, a locomotive engineer covered by the Federal Employer Liability Act, could not rely upon his employers own investigative report of a locomotive accident to establish the railroad companys negligence per se at the summary judgment stage for allegedly violating railroad safety standards. The court denied plaintiffs motion for summary judgment.
Angry v. Car Solutions, LLC

Publication Date: 2017-10-31
Practice Area: Business Torts | Contractual Disputes
Industry: Aerospace | Automotive
Court: Courts of Common Pleas, Lawrence County
Judge: Presiding Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1584

Purchaser of a used vehicle was entitled to the return of her $2,000 deposit, less expenses sand fees actually incurred by the dealership, because the parties were mutually mistaken with regard to the availability of financing provided by a third party.
Horst v. Union Carbide Corp. et al

Publication Date: 2017-10-31
Practice Area: Civil Procedure | Toxic Torts
Industry: Manufacturing
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1572

The court imposed limitations on the duration and number of opening statements, examination of witnesses and closing arguments by the multiple defendants involved in this case as authorized by Pa.R.Civ.P. 223 and given defendants original representations about the time required for trial and their joint approach to defending plaintiffs claims. The court denied in part defendants motion for reconsideration.
Office of Disciplinary Counsel v. Garagozzo

Publication Date: 2017-10-31
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1621

Respondent was suspended for two years for failing to comply with CLE requirements, failing to file a Verified Statement of Compliance after his administrative suspension from the practice of law.
Live Face on Web, LLC v. Zeobit, LLC

Publication Date: 2017-10-31
Practice Area: Civil Procedure | Intellectual Property | Internet Law
Industry: Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1619

The court granted defendants motion to vacate default judgment in plaintiffs copyright infringement action because defendant had a meritorious defense where it asserted it never possessed plaintiffs technology, it was never properly served because the person served was not defendants agent or employee and the delay in filing the motion was not culpable since most of the time was spent in extended discussions with plaintiff as to whether plaintiff would agree not to contest the motion. Motion granted.

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